Former officers fight
speeding tickets
October 12, 2001
Nate Hendley
National Post
When Brian Lawrie was a police
officer, he noticed that few drivers
could stand up and defend themselves
competently in traffic court. So
when he retired, he took on the
legal establishment for the right
to defend drivers in court. He eventually
won a court fight, sparking the
birth of a new service, offered
by a host of imitators, mostly in
Ontario.
|
Brian Lawrie founded
Pointts on the assumption
that his police experience
made up for his lack of
a law degree.
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Ten years ago in Waterloo, Ont.,
I was pulled over by a police officer
for ignoring a "no left turn"
sign. I tried to explain I had not
seen the sign and that traffic routinely
turned left at the intersection
in question. No dice; I got a ticket
and a warning about sloppy driving
habits.
While I suffered nothing more than
embarrassment and a small fine,
the consequences could have been
much worse. Even small-time infractions
can result in huge insurance costs,
warns Brian Lawrie, founder of Pointts,
a Toronto-based company devoted
to fighting traffic tickets.
Pointts stands for Provincial Offences
Informed Traffic Ticket Services.
The company has been in business
since 1984, and was the first firm
of its kind. Mr. Lawrie initially
had to wage a judicial battle for
the right to defend minor traffic
offenders. His subsequent court
victory paved the way for a series
of imitators to set up shop.
Today, there are roughly two dozen
firms in the Toronto area alone
that battle on the behalf of roadway
miscreants. Many of the employees
at these companies are former police
officers.
Mr. Lawrie served 10 years on the
Toronto police force and five years
with the Essex Constabulary in Britain.
"When I was a uniformed officer
in Toronto, I saw my fair share
of the inside of traffic court,"
he says.
Mr. Lawrie noticed that few drivers
were any good at defending themselves.
Anxiety over public speaking and
being on trial, combined with ignorance
of courtroom procedures, often doomed
people who otherwise had strong
defences, he says.
As a result, many of them got saddled
with fines, demerits and steep insurance
costs.
After retiring from the Toronto
police in the early 1980s, Mr. Lawrie
decided to start a business that
would provide a professional defence
for traffic offenders. He lacked
a law degree but figured his practical
experience made up for any educational
deficiencies.
Unfortunately, the Law Society
of Upper Canada (LSUC) -- an association
that regulates Ontario lawyers --
thought otherwise. The LSUC was
angry that a paralegal (a non-lawyer
who offers legal services) such
as Mr. Lawrie was getting paid to
appear in court.
The Law Society's outrage was somewhat
confusing, considering it is rare
for anyone to hire a lawyer to defend
him on a traffic charge.
Not only are lawyers expensive,
most of them have limited experience
dealing with minor traffic violations,
says Mr. Lawrie. Lawyers who are
experts at criminal and civil law
often find themselves out of their
depth in traffic court.
Nonetheless, in 1985, the LSUC
charged Mr. Lawrie with unlawfully
acting as a barrister and a solicitor.
Two years later, the Ontario Court
of Appeal ruled it was OK for paralegals
to charge fees for appearing in
court. The Supreme Court of Canada
refused to hear the case, which
means the ruling still stands.
As a result of the Appeal Court's
decision, Ontario has become the
traffic ticket defence capital of
Canada. Thirty-one of Pointts' 34
offices are located in this province.
The others are in Manitoba and Alberta.
None are found in Quebec, the one
province where companies such as
Pointts are still prohibited from
operating.
Mr. Lawrie employs 47 field agents,
most them former police officers.
In an average year, his company
helps 50,000 to 65,000 clients fight
provincial traffic charges.
David Matheson, founder of X-Copper,
cannot claim to match such impressive
figures, although his firm does
enjoy high visibility. X-Copper
has six offices and a fleet of two
dozen white cars, some of them former
police cruisers, which bear the
company's logo.
Mr. Matheson founded X- Copper
after retiring from the York Region
police force in 1988. His firm also
defends clients on traffic violations.
Like Pointts, X-Copper offers free
consultations.
Neither man feels guilt for defending
the same kind of people they once
busted as policemen.
In fact, Mr. Lawrie claims that
Pointts has been a boon to the legal
system.
"We speed things up. The justice
of the peace and the prosecutor
no longer have to give each defendant
'Traffic Court 101,' which used
to be the case," he says. Mr.
Matheson says much the same.
"We want to make sure the
system is kept on its toes,"
he says. "We also want to make
sure that people get a fair voice,
something which just wasn't happening
before."